Bailey v. State

OPINION

COHEN, Justice.

A jury found appellant guilty of delivering cocaine. Appellant pled true to two enhancement paragraphs, and the jury assessed punishment at 60-years confinement. We reverse and remand.

In his third point of error, appellant asserts the evidence is insufficient. We review the sufficiency under the standard set out in Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979).

The evidence showed appellant made a face-to-face, hand-to-hand sale of cocaine to a Houston police officer. He was arrested minutes later, despite his attempt to flee. *322The…